Terms and Conditions of Use
Restrictions on Use of Materials
This site is owned and operated by Avery Products Corporation ("Avery"). No material from Avery or any web site owned, operated, licensed or controlled by Avery may be copied, reproduced, republished, uploaded, transmitted, or distributed except as explicitly stated herein. You may download the materials, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Avery’s copyright and other proprietary rights. In the event you download software from the web site or use any templates from the web site, including Avery Design & Print, the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are provided to you under a limited revocable license by Avery. Avery does not transfer any other rights or title to the Software. Avery retains full and complete title and ownership, to the Software, and all intellectual property and other legal rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.
Any guidance provided on this website is not to be considered legal advice and should not be used as a substitute for legal advice. As every situation requires unique legal guidance you should consult an attorney to ensure you comply with all applicable laws, rules or regulations including, without limitation the GHS.
Guidelines for the Use of Avery Templates and Software
AVERY TEMPLATES AND SOFTWARE ARE TO BE USED TO PRINT ON AVERY BRANDED PRODUCTS ONLY. YOU MAY NOT MODIFY OR USE ANY PART OF THE SOFTWARE TO PRINT ON NON-AVERY BRANDED PRODUCTS. IF YOU USE THE SOFTWARE OR ANY MODIFIED VERSION OF THE SOFTWARE WITH PRODUCTS THAT ARE NOT AVERY-BRANDED, SUCH USE IS UNAUTHORIZED AND CONSTITUTES COPYRIGHT INFRINGEMENT. ALL RIGHTS GRANTED HEREIN IMMEDIATELY TERMINATE AND AUTOMATICALLY REVERT IN FULL TO AVERY.
Guidelines for the Use of Avery Templates and Software
Avery Software contains numerous photo images and clip art (collectively referred to as the "Images") which are either owned by Avery or licensed from a third-party. As a user of the web site you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use complies with the Guidelines set out below, seek the advice of your own attorney or legal counsel. Avery will not provide you with an opinion as to whether your use complies with these Guidelines.
YOU MAY, subject to any restrictions set out below:
- Incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;
- Make one (1) copy of the Image(s) for backup or archival purposes.
YOU MAY NOT:
- Create scandalous, obscene, defamatory, immoral or otherwise inappropriate works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
- Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
- Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason;
- Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
- Use any Image(s) except as expressly permitted by this License.
- Upload or create any content that is scandalous, obscene, defamatory, immoral, harmful, threatening, abusive, vulgar, harassing, pornographic, profane, hateful, objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy and intellectual property.
- Upload or create any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You can't use images that you do not have permission to use. You cannot create a "new" image using elements from images other people have created. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content.
- Upload or create any content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would violate any laws.
This site is controlled and operated by Avery from its offices within the State of California, United States of America. Avery makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
Avery, Hi-Liter, Marks-A-Lot, Glue Stic, Ready Index, Index Maker, DesignPro, CD Stomper and all other Avery brands, product names, and codes are trademarks of Avery.
All other brands and product names are trademarks of their respective companies.
Warranty & Disclaimer
THE MATERIALS, INFORMATION, SOFTWARE AND TECHNOLOGY IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL AVERY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, AND REGARDLESS OF THE FORM OF ACTION, BE IT BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF AVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AVERY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE ORDER AMOUNT OR THE AMOUNT, IF ANY, FOR ACCESSING THIS WEB SITE, PAID BY YOU TO AVERY.
Avery provides a satisfaction guarantee for orders and use of Avery’s website, software and templates with genuine Avery products and materials. Avery is not responsible for circumstances beyond its control, including spelling, punctuation or other grammatical errors by the user, low-resolution or inferior quality of images uploaded by the user, design errors not made by Avery, such as choice of finish, quantity or product type, or damage to products during shipping. All designs must be carefully reviewed by the user and any mistakes corrected prior to placing an order. ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Pricing & Promotions
Items in your Shopping Cart reflect the current price. Please note: This price may differ from the price displayed when the item was first placed in your Shopping Cart. Avery reserves the right to limit quantities and to refuse to sell to any person whom Avery believes may be purchasing for resale.
Avery works hard to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, Avery will cancel your order of that item and notify you of the cancellation.
Offer Details: Only one promotion code can be used per order. Savings will be reflected in your shopping cart. Discounts cannot be applied to shipping and processing, taxes, subscription or design services, or previous purchases. Additional charges may apply for shipping and processing, and taxes, unless otherwise specified.
As part of the AVERY WEPRINT services, Avery is not responsible for any of the following: grammatical errors made by you, spelling, punctuation, low-resolution or inferior quality of uploaded images, your design errors in the creation process, errors in user-selected options, the type or quantity of labels ordered, and damage to the products arising after delivery to you. Please preview your design proofs carefully and correct any mistakes before placing your order. Please note that Avery does not proof labels created by its customers prior to processing.
User Submissions (such as Reviews)
In connection with User Submissions, you represent, and warrant to Avery that: (i) the content of your User Submission(s) is original to you; (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Avery as set forth in the license granted above; (iii) use of your User Submission(s) on this or otherwise by Avery, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Avery to utilize the User Submission(s) without compensation or objection; (v) all "moral rights" that you may have in such User Submission have been voluntarily waived by you; (vi) you are at least 13 years old; (vii) use of the User Submission will not cause injury to any person or entity; (viii) the User Submission is not or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and (ix) the User Submission does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Mandatory Binding Arbitration and Class Action Waiver
Any Dispute involving you and us that cannot be resolved informally or through small claims court shall be resolved through arbitration on an individual basis only. You and we are each waiving the right to sue in court, to have a trial by jury, or TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship. As used in this Arbitration Provision, “us,” “we,” and/or “our” means Avery and any of its predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, and agents.
This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”). The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. Unless you and we agree otherwise, any arbitration hearing will take place at a location within the United States that is convenient to you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS, OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS OF THE SITE, OR OTHER PERSONS. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. IN THE EVENT THAT THE CLASS ACTION WAIVER OR THE PUBLIC INJUNCTIVE RELIEF WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS PROCEEDING OR CLAIMS INVOLVING PUBLIC INJUNCTIVE RELIEF MAY PROCEED ONLY IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.
This Arbitration Provision shall survive the termination of your use of the site.
Notice and Take Down Procedures
If you believe any User Submission on this site infringe your copyright or trademark rights, you may request such User Submission be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Avery (address below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the intellectual property owner ("Owner") or authorized representative that the User Submission are believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing User Submission so that Avery can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
- A signature or the electronic equivalent from the Owner or authorized representative.
Avery's agent for notice of copyright of trademark issues on this site can be reached as follows:
Avery Products Corporation
17700 Foltz Parkway
Strongsville, OH 44149
Attn: Office of the General Counsel
Contact us with comments and questions about this website.